Bittiainen Ltd´s mediasales contract agreement, Terms and Conditions
Valid from 28th November 2021 .
1. Applying the Terms and Conditions
Unless it is otherwise agreed, these Terms and Conditions are applied to all contracts concerning Bittiainen Ltd´s mediasales services
(including concepts produced by content marketing).
By the Products and Services of Bittiainen Ltd are further ment all in digital forms functioning and published Products and Services
owned and represented by Bittiainen Ltd, including among others papermagazine´s lookalikes, web-pages, and web services, mobile pages and mobile services, applications, newsletters, e-mail direct medias and other medias ("Media") and reader and viewer ads especially all video advertising on https://ironrod.info website.
These Terms and Conditions are applied when Bittiainen Ltd sells advertising space and time and announcing space and time and such solutions on it´s Media or Medias to an advertiser, advertising agency, media agency or other advertising service company or their representative ("a Customer") who supplies advertisements, announcements, pictures, video, sound, contact information, web-page links and other advertisement material ("Material"). In case the advertising of the advertiser has been mediated or brokered by an advertising agency or media agency or other advertising service company or the representative of the advertiser, will the acting mediator be responsible of following what has been agreed on and these Terms and Conditions for all parts as if it were his own obligations (including responsibility of the content of the Material and responsibility with full credit loss liability that is with so called "del credere" responsibility about all fees to Bittiainen Ltd. If two or more Customers have common Materials will the one that made the order be responsible for all fees and content of the common Material.
These Terms and Conditions will be applied also to sets of content marketing, to which Bittiainen Ltd will produce the content.
These Terms and Conditions will be applied to both single advertisements and advertising campaigns.
2. The emergence of an agreement
The Customer must be logged in the https://ironrod.info website as a Registered user to make the order and upload of the advideo.
Video advertisements to the web site https://ironrod.info will be paid by ordering and paying products on the web site thrue the web site, and buying each product is one wholeness, even though it will consist of a videoad that is shown several times to the public and is in the videoad pool as long as has been defined while buying the product. While buying the product the price will be affected by the defined maximum duration of the video and how many days the advideo is defined to be shown in and selected randomly from the advideo pool.
The Agreement with the Customer or Agreement about the publification of Material created for the Customer will come into effect when the Customer makes an order to Bittiainen Ltd thrue the https://ironrod.info web site by buying a product, then it will be considered as written order.
Bittiainen Ltd thrue the website will try to send the Customer an e-mail about the pending order and a second e-mail about the confirmed payment and completed order to the e-mail provided by the Customer. The order is binding to the Customer even without the e-mail confirmation.
The order confirmation does not need signature or returning to the seller , unless it is otherwise agreed on.
The Material will be published after the, according to by the https://ironrod.info website´s webstore chosen and defined product variant´s attributes determined, price has been paid. The payment will be paid in Paypal payment service, where you can pay from your Paypal account (which you can also create if you want ) .
While purchasing The Customer will self define in the https://ironrod.info website also qualities of the product, such as the link of the webpage , where the viewer will be taken to when he clicks the advideo.
The Customer also has to self upload the advideo which has to be in mp4 format, to the https://ironrod.info pages with the "Post New Ad" button , which will appear after completed payment. The advideo must not be longer of duration than what the Customer has paid for. If the Customer can´t at once upload the advideo, but has paid for it he will have possibility to do the upload from the" Post New Ad" button while being logged in and first choosing "My Video Ads Mainosvideoni" from the menu.
3. Deviating and contradictory agreement terms and conditions
About deviating from these Agreement Terms and Conditions concerning a single mediasales agreement must be agreed on with a written agreement , eg. with e-mail.
If different terms and conditions are contradictory, primarily must be obeyd the agreement between the parties and/or the order confirmation terms and conditions, if there are found both, the later document must be complied with), secondarily terms and conditions concerning the media in question will be obeyd and lastly these terms and conditions.
4. Prices
Different Media´s prices with tax (VAT=ALV in Finland) are notified in possible order confirmation, agreement , offer and mediapage of the Media in question , that is e.g. in https://ironrod.info website´s web store, while ordering and defining a product.
In case there is contradiction between prices, primarily must be complied to the price paid in https://ironrod.info website.
On other special solutions, additional elements and their effect on the price must be always agreed separately.
The publisher (Bittiainen Ltd) has right to change it´s price lists at any time. The changes will be published in https://ironrod.info website´s webstore, or otherwise on Bittiainen Ltd´s web-pages.The changes in price lists don´t affect on already paid orders.
The VAT = ALV (in Finland) is included in the announced prices. The publisher will add to the prices on that time in effect being VAT=ALV tax and possible other taxes and payments ordered by authorities concerning publishing, announcing and advertising income. Those will be visible in separate items. Publisher has right to charge also billing surcharge from paper bills.
Cost increases that are caused by laws, decrees, or measures of authorities, will raise the prices respectively from them coming into effect.
This kind of increases will affect also orders that are made before, but has not been billed yet.
In addition to announced publishing price will be charged according to a different agreement outside the standard agreement done advertisement manufacturing work.
Content marketing articles, videos, sound. photos, or podcasts production costs e.g. video editing or format conversions will always be agreed separately.
Production costs don´t include possible traveling costs, that are charged separately.
5. Payment terms and conditions
Billing and payment will happen usually up front in https://ironrod.info webstore, but at latest after campaign has ended.
To separate billing goes only those tasks, that cannot be paid in https://ironrod.info web site.
Permanent account client´s credit must be paid at latest 14 days from the date of the bill. Objection against the bill must be done at latest in 8 days from the date of the bill.
From overdue payment will be charged statutory default interest. In addition the Publisher has right to collect from the Customer collection costs concerning the overdue payment.
On Media sales with credit the Publisher requires from business and organisation Customers an y-ID (Finnish y-tunnus) or a VAT-number and consumer Customers a personal identification number (Finnish henkilötunnus).
The creditworthiness of a new credit account Customer or a billing Customer will always be checked. The Customer has to deliver collateral to The Publisher if asked to.
Defaults will be handled on a case by case basis. The Publisher has the right not to publish Material in case of Customer´s default without the Customer having right to compensation.
Cash Customers will make payment eight (8) days before the publishing date to the Publishers bank account, which the Publisher lets them know .
Voucher of payment will be delivered to the Publisher by e-mail, which the Publisher lets to know. The payment also has to show in the Publishers bank account transaction listing or bank statement, before the publishing date, or the Publisher has the right to postpone publishing correspondingly.
The Publisher reserves the right to change the payment terms and conditions.
6.Discounts
General discount terms
Bittiainen Ltd can grant discounts on different grounds. Different discounts are mutually exclusive, unless otherwise has been agreed on with an agreement between the parties.
Agreement entitling to a discount has to be made before the publishing agreed on the agreement starts.
The discounts can be granted only on other billing than billing thrue payments on https://ironrod.info web site.
The accumulation and discount tables in an agreement are customer specific, and they don´t apply to Customer´s group companies.
They can be anyway applied to companies, of which the Customer owns more than 50 percent, if these companies has been mentioned in the agreement made with the Customer.
If the Customer fails to comply with the terms of the agreement, the Publisher reserves the right to collect back the given discount.
7. Canceling a campaign
A paid and uploaded advideo can, by either the Customer or by Bittiainen Ltd if asked to, be removed, but already paid price will not be returned.
In other tasks if the Customer makes a cancellation, the price of the production will be billed fully and the Customer gets the content of the production for their own use.
The Publisher reserves the right to without liability move or cancel the campaign, the advideos, the adspace or advertising display where special reasons so require.
The Publisher will notify the Customer about this kind of changes to the Customer as soon as possible, and strives to give instead of the changed or cancelled ad or advideo a new equivalent.
8. The Material instructions
The advideo which comes to https://ironrod.info web site must be in mp4 format, and the duration in seconds must not exceed what was paid for according to the chosen alternatives on the webstore.
The duration of the campaign in days is also chosen from the alternatives in the webstore.
The videos that are embedded directly in articles must be in webm format and about their transfer to the site must be agreed separately, and extra price will be billed from the conversion.
If the Material has not been delivered according to instructions, and needs additional conversion extra price will be billed, or if the Material is technically not functioning or
questionable in content or too similar in appearance with the media´s editorial content, the Publisher don´t quarantee that the ad will be published or that the campaign starts at the desired time.
In such cases the visibility of the campaign will be reduced in relation to the delay of the Material .
The Publisher is not responsible for any damage caused by omisson of an ad or video or when it is published at an other time than agreed because of the deficiencies of the Material.
The Customer who buys the videoadvertising will define self in the web store for how long the advideo will be in the https://ironrod.info web site´s advideo pool, and the Publisher will strive to
publish the advideo right after it has been paid and uploaded, and anyway as soon as possible.
Also when the Customer buys from the web store the video advertising he self defines there for how many seconds is the maximum duration for the advideo.
Note! The duration of the advideo can affect strongly to the price.
Also while buying video advertising in https://ironrod.info web store the Customer will self define in which categories in the Video Galleria the advideo is shown , he must choose at least one.
We advice that the Customer would beforehand explore the Video Galleria, to be able to choose the categories that suits himself the best.
In the situations described above the billing is 100 percent. In addition to that the expenses of possible necessary correction work to the Material will be billed separately.
If the Publisher has to make to the delivered Material changes or corrections the extra work costs will be billed according to the price list or as agreed on.
If the Material causes during an advideo or webpage campaign technical problems , the Publisher has the right to replace it with a different version or remove the ad entirely from the web site.
9. Campaign time
Media visibility is in effect as many days the Customer defines in the https://ironrod.info website´s web store, starting from when the video advertising is paid, so the video upload is advised to do as soon as possible. It is advised anyway to make sure beforehand, that the video is in mp4 format and that it is not longer in seconds that what is paid for.
10. Campaign reporting and quarantee for views or clicks
The number of clicks can be verified by user himself when logged in selecting from Menu "My Video Ads Mainosvideoni", but Bittiainen Ltd don´t give any quarantees about number of clicks or views.
Some of the best ways for a Customer to influence in the visibility of his advideos is to upload to the categories he chose regular videos that interest his own potential customers to the https://ironrod.info website. He can do that by choosing from the menu "Upload ilmaiseksi Upload for free". Also those videos has to be in mp4 format and their content has to suit to the chosen categories for that video and
they have to be legal in Finland and not violate anybody´s rights like copyright and it must be in accordance with good manners, but there is no other restrictions. Note. before and after the videos it is shown randomly picked also other customers´ advideos, that have chosen the same category.
An other way to increase visibility is to share the regular videos from https://ironrod.info to other social media sites such as Facebook, Pinterest Twitter etc. . You can do that by clicking to the symbols near the video´s upper right corner. You can also put links to the whole https://ironrod.info website onto other sites.
11. Changing and returning the Material
The Customer gives the Publisher the right to use and if necessary do changes to the Material to publish it.
The Material which the Customer has delivered to the Publisher will not be returned.
If the Material is made with a third party´s tool (by the Customer , or his representative or by the Publisher), the Material is too not returned to the Customer but it stays in the system in question, unless
the Customer has ordered to the https://ironrod.info website or elsewhere coming video´s change work, and so has been agreed while ordering then the video will be returned the way it is agreed on.
12. Immaterial rights
The Publisher has owner rights and all rights to Medias he publishes and to all their parts. These rights are covered among other things copyrights to computer programs and databases compiled from the Customer´s Materials. The Customer´s ads and advideos will come a part of the Publisher´s databases without separate compensation. The ads and advideos can as part of the databases be published when the databass are published. For clarity it is stated that the Publisher has always right to use the Materials as part of those media contents in which the Materials have been published or presented (the so called archive use).
In addition , if the Customer has not in writing notified otherwise to the Publisher at the latest when delivering the Material to the Publisher, after the first performance or publishing of the Material the Publisher has the right to move the Material to the storage medium he chooses and to use it in demonstration- education- and in researchsummaries, and also in Publishers own intranet- internet- and extarnet pages.
The Publisher has no right to use the Material to commercial purposes in other medias.
The Publisher will give the Customer later in this paragraph described rights to use the Materials that the Publisher has prepared for the Customer.
The Publisher has owner and copyright to the Materials made by him to the Customer, such as video-, picture-, and sound-materials,and the originals ,
and the Customer has no right to assign those rights to a third party, the rights the Customer gets from the Publisher, or to utilize them in a third party´s similar products or services in an other way ,
without the Publisher´s written consent . The Customer has right to publish in other medias the Material made by Bittiainen Ltd for the Customer, and in the Customer´s social media and the Customerś own web pages.
If it has not been agreed otherwise the Customer has no right to publish the Materials made for him by Bittiainen Ltd in other commercial channels.
The publishing of those Materials in marketing purposes elsewhere requires permission from the Publisher beforehand and then will 50 percent be added to the production price.
The Customer gets at his disposal to the above discribed purpose a picture or video which has been published in an article, if it has been photographed or produced by the Publisher.
The not published pictures and videos shot or produced by the Publisher are chargeable and about the transfer of those has to be agreed before the shooting of the pictures or videos, in case the Customer wants
also to those a license of use.
In case in the Materials has been used an image bank image, the Publisher has no right to hand over it forward, and the Publisher is not responsible about whether there is a permission to use the picture in other than the Publisher´s medias.
13. Responsibility for ad content
The Customer is responsible about that, the Material delivered to the Publisher is not contrary to applicable law, authorities´ orders, the instructions of the Publisher, this Agreement , other Terms and Conditions or good manners.
The Customer undertakes to take into account limitations , concerning among other things advertising to minors or the following ad targets: alcohol, tobacco, gambling, medicine , counterfeit products and pirated products.
The Publisher has right to refuse to publish the ad without compensation or liability, in case according to the Publisher´s interpretation the Ad is contrary to the above requirements.
The Customer is responsible, that he gets and has the ownership and rights to use the Material he delivers and about that the publication of the Material can occur without violation of anybody´s copyright, patent rights or other immaterial rights or other rights.
The Customer is responsible of all costs caused by getting above mentioned rights or using them (including Teosto-payments for the use of music in Finland ).
The Customer is responsible for all damages to a third party and other claims that are based on copyrights, patents or other immaterial rights´ violations or missing rights concerning the Material delivered to the Publisher. In case there should come this kind of claims, the Publisher will make the Customer aware of those claims, after which the Customer alone will answer to those claims and is alone responsible of their consequences .
The Customer is responsible for, that the delivered Material, and the systems or ad tags don´t cause technical harm or interference to the network, Bittiainen Ltd , other customers or users of Medias.
The Customer is obliged to compensate the damages caused by the Material he delivered and caused by the systems or ad tags he used. The Publisher has the right to take the necessary measures and use the digital tools he chooses to make sure , that the Material complies to the Material instructions and don´t contain forbidden content or functionalities.
What in this paragraph has been stated about the Customers´ responsibility regarding the Material the Customer delivered. will apply also to the Material the Publisher prepares for the Customer, in case the Customer has used the Material in contrary to these Terms.
The prices the Customer has then already paid will then not be returned.
14. The Publisher´s rights
The Publisher reserves himself the right not to accept a campaign, in case the Customer , the Material or the campaign don´t meet the requirements of the advertising space.
Medias may have certain customer-specific restrictions.
The Publisher has the right to change the selection, content , functionality and descriptions of the services offered.
The Customer don´t have a right to compensation based on grounds described here.
15. Competing advertising in the Media
The Publisher has right to, without a notification in advance, to place the advertising of competing companies, parties, associations and persons in the same Media part and category and videos.
Because of the customer relationship´s confidentiality and limited amount for places to place ads, the Publisher can not give a notice in advance about the campaigns of competitors.
In case there will be overlapping campaigns, for them there will be no compensations.
16. Conditions and terms for the processing of personal data
The users´of the Medias privacy and user experience are of paramount importance to Bittiainen Ltd.
The Customer is also in this context responsible of the systems he uses and the actions of his representatives and subcontractors as his own actions.
The Customer has to take care about that his partners are aware of the restrictions mentioned in these Terms and Conditions and comply with them.
The Parties undertake to abide by all aspects of cooperation in processing of personal data e.g. in ads, the ad target webpage and in using advertising targeting techniques then in effect being
EU and national legislation concerning processing of personal data and privacy, like the European Union General Data Protection Regulation (EU) 2016/679 ("Data protection provisions" and
to implement necessary actions to realize those principles. The Publisher strives to ask the Media´s users consent 1) for using cookies and other similar technologies, and
if possible also to the advertising systems and cookies used by the Customer for use in the Publisher´s Medias and 2) to purposes the Publisher accepts.
17.1. Processing of personal data for and on behalf of the other party
Unless expressly agreed otherwise, these paragraph 17.1 terms are applied to all contracts and agreements between Bittiainen Ltd and the Customer in so far as they involve the processing of personal data by Bittiainen Ltd acting for and on behalf of the Customer who is the register keeper, or the processing of personal data by the Customer on and behalf of Bittiainen Ltd who is the register keeper.
Register keeper is the party, who defines the purpose and the ways and means of processing of personal data.
The handler is the party, who processes the personal data for and on behalf of the register keeper.
Depending on the nature of the cooperation the party can at the same time be for some information the register keeper and for some information to be the handler.
The object, nature and purpose of the processing of personal data and the types of personal data and groups of data subjects of the registered are described in the contract between the parties or before beginning of the processing of personal data in the written instructions given by the register keeper.
Unless it is otherwise agreed on, the purpose of handling concerning digital advertising is targeting the Customers advertising campaign in the Medias. In case the Customer and the Publisher have agreed on modeling the personal data which the Customer delivers with the help of the personal data the Publisher has, the purpose of the processing is the modeling of the personal data. The duration of the processing is limited to the necessary storage time for the purpose of the agreed campaign .
The role of the Register keeper is determined byt he origin of the personal data. As far as the data groups used for targeting or the data groups delivered to the Publisher for the modeling consist of information related to the use of the Customer´s digital services or the Customer´s client or marketing register´s data (including the identification groups delivered by the Customer ), the Customer acts as register keeper. The groups of the registered are then the users of the digital services of the Customer, clients, customers and potential customers.
Bittiainen Ltd acts as register keeper in so far as it is question of the information related to the use of Bittiainen Ltd´s digital services (including the views of the ads) or Bittiainen Ltd´s customer or marketing register information, including the ad target groups formed on the basis of them. The group of the registered forms then the digital services users, customers and potential customers of Bittiainen Ltd.
In addition in advertising it is possible to use a third party´s data. The compliance of the data of a third party and the agreements concerning the data processing is responsible the party , who´s advertising the information benefits.
The Customer has no right to use browser´s fingerprint recognition or similar monitoring techniques while advertising in the Publisher´s network. Without the register keepers written prior approval the handler has no right to collect from register keeper´s medias with cookies or similar techniques medias, their users or information of users´ terminal equipment for any purpose (including, but not limiting to the purpose of defining users´interests or purpose to target digital advertising to the terminal equipment in question otherwise than in the context of an agreed campaign). Without a separate agreement and compensation the information gathered from the Medias is not allowed to be
utilized in targeting of advertising outside the Medias. The Customer is anyway allowed to use cookies and other similar techniques to measure the results of his campaign (ad views, availability and conversion). Even then the Customer is not allowed to hand over information gathered from the campaign to third parties, such as ad exchange service providers, or to combine in any other information.
The Publisher has right to carry out inspections concerning the use of cookies in the Medias belonging to the Publishers´ network.
If in the inspection turns out that the Customer (or his partner and/or some other third party that the Customer has given an authorization) acts in contrary of these Terms and Conditions in this Agreement, the Publisher lets the Customer know ,and then the Customer must correct their practices immediately. In addition the Publisher has the right, as described below, to discontinue the campaign in question, in connection with which these conditions have been violated, and all other Customer´s campaigns in any Media with immediate effect and end all Agreements between the Customer and Bittiainen Ltd concerning Bittiainen Ltd´s web-pages and channels without liability or compensation.
The register keeper is responsible of that it has legal processing justification to personal data it collects in the case, and the right to transfer them to the handler for processing. In case the Publisher and the Customer have agreed on the modeling of the personal data the Customer delivered, the Customer is responsible for that the information in question can be combined as required by the modeling (the Customer among other things have to notify the registered and/or to ask for their consent in accordance with data protection regulations).
In addition the register keeper is responsible about, that it complies in the obligations imposed in the data protection regulations and that the written instructions given by the register keeper to the handler are in accordance with data protection regulations.
The handler commits to :
- process the personal data of registered from the register keeper only on behalf of the register keeper and in accordance with the data protection regulations;
- to handle the personal data of registered from the register keeper only according to the written instructions given then by the register keeper that are based on data protection regulations. Unless it is agreed on differently, only these terms form the written instructions given to the handler;
-to notify immediately to the register keeper, if it considers that the written instructions given by the register keeper violates data protection regulations;
-to make sure , that persons who will handle the personal data, have undertaken to observe professional secrecy;
-to take technical, physical and organizational measures, with which to ensure a high level of security of personal data and
protect personal data from unauthorized or illegal processing and unintentional loss or destruction, damage, change or handing over, including all measures referred to in Article 32 of the Data Protection Regulation;
- taking into account the nature of the data processed, to assist the register keeper (the controller) in fulfilling its obligations to answer
requests concerning the exercise of registered rights under the Data Protection Provisions for example
providing, upon request, the personal data of the data subject in machine-readable form to the register keeper (the controller);
- assist the register keeper (the controller) in ensuring that the register keeper's obligations under the Data Protection Regulations
are complied with;
- delete all personal data received from the register keeper (the controller) upon completion of the purpose of the processing, unless and to the extent that in mandatory European Union or national law applicable to the processor (handler) is required to maintain personal information. The parties understand that for backups, the data will be deleted when newer backups are made stored on top of older copies;
- notify the data keeper (the controller) immediately upon receipt of a personal data breach;
- make available to the register keeper (the controller) the information necessary to comply with the obligations laid down in the Data Protection Regulations to demonstrate compliance; and
- to allow and participate in audits by the register keeper (the controller) or an auditor authorized by the register keeper (the controller);
- to inform the register keeper (the controller) of requests for information from public authorities concerning the processing of personal data, unless this is compelling anti-regulatory.
- The register keeper (the controller) shall give general consent to the handler (the processor) to use the services of another processor of personal data. The handler is responsible for the work of the subcontractors it uses like for it´s own. The register keeper (The controller) has the right to object to a particular subcontractor, then the processor seeks to use commercially reasonable measures to replace the subcontractor. If the above change cannot be implemented, the parties have the right to terminate the cooperation without liability. Agreement
termination does not release the Customer from the obligation to pay for the measures taken prior to termination.
The register keeper (the controller) accepts that the implementation of the agreed measures may require the transfer of personal data from EU / EEA outside the area. The processor (handler) undertakes to ensure that the transfer to outside the EU / EEA takes place using the legitimate data transfer mechanisms described in the Data protection regulations. The register keeper (the controller) shall authorize the processor for its part, to sign the European Union's standard contractual clauses on the transfer of personal data with its subcontractors.
If either party violates the terms set forth herein, the other party shall have the right to suspend that promotion,
in connection with which these terms have been violated, as well as all other campaigns of the Customer in any Media with immediate effect and to terminate all of the contracts between the Customer and Bittiainen Ltd and Publishers belonging to Bittiainen Ltd without liability.
If the termination of the cooperation is due to the Customer, the Customer is obliged to pay for the campaign full price.
Each party is liable for direct damages to the other party (including those imposed by the authorities, administrative fines, damages paid to data subjects and reasonable legal fees) because of that the party has processed personal data in violation of these terms or the obligations set forth in the data protection regulations.
Neither party is liable for lost operating profit or other consequential damages.
At the end of the campaign, the customer agrees to remove any ad tags used in the re-targeting campaign, that link to Bittiainen Ltd´s sites.
If the removal of advertising tags is delayed due to the Customer, the Customer will pay the Publisher EUR 1000 in late compensation for each starting week.
The terms of this section 17.1 apply as long as the Processor (Handler) processes the personal data of the data subjects
On behalf of the register keeper (the controller).
17.2 Disclosure of Target Audiences or Modeling Data from Publisher to Customer
The purpose of this Section 17.2 is to agree on the disclosure of the Publisher's personal information to selected Customers to carry out campaigns or processing purposes. The terms of this section apply whenever Customer expressly provides or otherwise acquires target groups or modeling data from Bittiainen Ltd either directly or programmatically. An Agreement of the transfer of target groups or modeling data arises when the Customer makes a purchase either directly or programmatically. As far as cooperation
requires the transfer of personal data from the Publisher to the Customer, each party acts as an independent data controller (register keeper) and is independently responsible for the legality of its activities and the existence of a legal basis for processing.
Information to be used in the campaign: The publisher provides the Customer, ie the advertiser or a media agent acting on its behalf access to an advertising agency or other media purchasing partner target group or modeling information that
applies to users of Publisher's digital services. The target group or segment describes a set that is estimated to consist of different
users with different interests. Users are identified for each individual or device they use, or
an identifier that can be linked to a browser and as such cannot be associated with any particular person.
The tag is in addition to the online behavioral information on the Publisher's sites, with the tag it is possible to combine user-supplied and / or statistically modeled socio-demographic data. The publisher models its own data for audiences corresponding to the Customer's personal data groups to provide these audiences to the Customer for use in advertising. Hereinafter the target group and modeling data is referred to as the term "Bittiainen Data" .
Purpose: The customer, ie the advertiser or a media or advertising agency acting on its behalf or performing other media purchases
the partner may use Bittiainen Data to connect Bittiainen Data to target groups or related modeling data tags to the advertiser's data, such as the identifiers of the users of the advertiser's site, in order to target advertising to specific users through the systems they use to purchase media on the Publisher´s Network or other websites. Bittiainen Data may only be used to target ads on other networks if specifically agreed on. Bittiainen Data may not be stored on other systems, such as the advertiser's customer register. Bittiainen Data is not allowed to be used for any other purposes (eg further modeling) or to pass it on.
Duration of processing: The campaign or other agreed processing will take place within a separately agreed period of time. In a campaign or other the Bittiainen Data used in the agreed processing shall be deleted immediately after the agreed processing purpose has been fulfilled.
ther conditions: The parties further agree that:
- The Publisher undertakes to inform data subjects and to seek the consent of cookies and the like
use of technologies, including, where possible, cookies from advertising systems used by the Customer in Publisher´s Media and consent to share target group and modeling information without mentioning Customer´s identity;
- The Publisher undertakes to inform data subjects about the distribution of target group and modeling information to certain types
groups of purchasers in the data protection information addressed to it´s data subject at a general level without mentioning the Customer´s
identity;
- The Customer shall ensure that the data subjects are informed of the processing it has carried out as required by the Data Protection Legislation; and
- The Customer will only process the data for lawful purposes, in accordance with the terms of this section and to the extent necessary.
If the Publisher agrees to transfer the target group directly to the Advertiser, the Advertiser shall ensure that, the media or advertising agency or other media purchasing partner acting on its behalf is aware of the terms of this Annex; and restrictions on use of Bittiainen Data.
The advertiser enters with a media or advertising agency or other person that makes media purchases
into a separate agreement with the partner on the processing of personal data, and requires that the operator takes advantage of
Bittiainen Data for only the purposes described in this appendix.
If the Publisher agrees to transfer the target group to a media or advertising agency acting on behalf of the advertiser or to an other
partner making media purchases, the operator shall ensure that the advertiser is aware of the terms and restrictions of this Annex regarding the use of Bittiainen Data. When partnering with a media or advertising agency or other person making media purchases, the partner does not acquire any independent rights to the Bittiainen Data.
18. Saving and storing the campaign data and results
Campaign results (including mobile and video campaigns) and information about the user's views and clicks in the Media advertising
can be stored in Bittiainen Ltd's digital advertising systems.
Bittiainen Ltd has the right to use the results and information in the development, marketing and sales of their own operations.
19. Liability for errors and complaints
The publisher has the right to temporarily disable the electronic service for service, maintenance or other similar reasons.
The publisher is not responsible for any damage caused by downtime.
The Publisher is not responsible for any errors that occur in the Digital or other Materials provided by the Customer or that arise
when transferring such Material.
The Publisher shall be liable for any errors and delays in the publication of the notice or video only in accordance with the terms of this agreement if the Materials received are flawless and in accordance with this Agreement.
The maximum responsibility of the Publisher for an approved advertisement or video omissions, delays in publication or an error in publication is the already paid price of the notice (the ad) . As an error of published notice or ad or advideo is not considered a slight deviation in quality. The Publisher’s greatest responsibility for other work is the price paid for it.
Under no circumstances shall the Publisher be liable for any indirect damages that may be incurred to the Customer or third parties.
The Publisher's total liability for any damage caused to the Customer is always limited to the paid purchase price of the campaign (or other form of cooperation).
A reminder of an incorrect notice or video must be made within eight (8) days of the posting or the start of the digital campaign.
A reminder of a billing error must be made within eight (8) days at the latest from the billing date.
Other claims for damages must always be submitted within 3 months of the Customer receiving the information
of damage or should have known about it.
20. Force majeure
Cooperation shall be subject to force majeure, ie all unforeseen circumstances such as strike, technical failure,
delays in quarantine, etc. or subcontractors´ delays or delays caused by the disease epidemic and changes in law or government or EU regulations or natural phenomena or other similar matters beyond the control of the Publisher are outside of the liability of the Publisher.
21. Confidentiality
Terms of cooperation other than those published by the Publisher, including prices deviating from the General Price List and applicable
discounts are confidential for the duration of the contract and for 2 years thereafter.
Neither party is allowed to give information on the content of the contract to third parties.
In addition, the parties agree to keep the other party´s secret information received which has been marked as confidential or is otherwise to be understood as such (according to including personal data received from the other party).
However, the obligation of professional secrecy shall not apply to information which:
(a) was in the possession of the receiving Party prior to the receipt of the same information from the other Party, and not to that information be bound by professional secrecy;
(b) has been made publicly available or otherwise in the public domain, unless the information has been made public by the party receiving the information due to a breach of the terms;
(c) has been received from a third party and is not covered by the obligation of professional secrecy;
(d) has been independently developed without the use of materials or information received from the other party; or
(e) be surrendered by operation of law, regulation or other authority or legal order.
22. Validity of Terms
If any of the conditions contained in these terms and conditions are declared invalid by a final decision, it shall have no effect
otherwise, and a term found to be invalid shall be replaced by the valid term closest to the purpose of the terms.
23. Transfer of Agreement and Advertising Space
The Publisher has the right to transfer the agreement with its rights and obligations to another suitable media company and
in connection with a business transaction or other corporate reorganization to the company to which the business related to the Publisher's agreement is transferred.
The Customer is not entitled to transfer the contract or the reserved advertising space to a third party without the prior written consent of the Publisher.
24. Subcontractors
The Publisher has the right to use subcontractors of its choice. The publisher is responsible for the work of its subcontractors as if it were its own, unless subcontracting uses a partner or subcontractor designated by the Customer (such as a tactical office, printing house,
photographer, web producer, etc.).
25. Validity of the Agreement
The one-time contract terminates without notice after the service has been performed.
A fixed-term contract is valid for a fixed period and expires without notice on the last day of the term.
However, the annual contract may be terminated by either party for a period of three months, with a
(3) three month's notice in writing at any time during the contractual period in which the final discount rate is determined
according to the actual contract revenue.
An agreement valid until further notice, either Contracting Party may terminate this Agreement by giving written notice,
in which case the Agreement shall terminate three (3) months after the termination.
26. Termination of the Agreement
The agreement may be terminated if the other party materially breaches or fails to comply with the terms of the agreement and fails to do so
rectified it´s infringement within 30 days of receiving notice of it.
The publisher has the right to terminate the contract immediately if the Customer is late in paying the invoice to Bittiainen Ltd (Bittiäinen Oy) or goes bankrupt, reorganizes, liquidation or insolvency.
27. Applicable Law and Dispute Resolution
Finnish law applies to the cooperation between the Publisher and the Customer. All disputes and disagreements between the Publisher and the Customer are resolved in the Kymenlaakso District Court (Kymenlaakson käräjäoikeus).
If there are meaningful differences between Agreement texts in different languages, the English language version is applied.
28. Validity of Terms
These terms come into force on 28th of November 2021 (28.11.2021) and replace any previous Bittiäinen Oy's media sales
general terms and conditions.
In case there is differences between different language versions, the English version applies.
These terms are valid until further notice.
The Publisher reserves the right to change the Medias´ general terms of use at any time
(including ironrod.info), these general terms and conditions of media sales, media-specific terms and conditions,
prices and payment bases.
The revised terms and conditions apply to all agreements agreed upon after the publication of the revised terms and conditions
agreements.
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